constitutional question


here is a question that i am not sure of that maybe a governmental scholar might now.

during the climax of the movie (the senate vote on Leffingwell's confirmation as Secretary of State), the President is stricken and dies while the roll call is taking place. remember that this is 1962 and the 25th amendment to the constitution has not been ratified. Vice President Hudson is notified by written message prior to the completion of the vote of the President's death. now, the first question is, upon knowledge of the President's death, and the language of the constitution (Article 2 Section 1) shown below:

"In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President,"

does Hudson have legal standing in the Senate due to his elevation to the Presidency, and hence, did he have the authority to choose to exercise the vice-presidential constitutional power to break the tie?

also, if the vice-presidency is vacant, then the presiding officer of the Senate would fall to the President Pro Tempore of the Senate (in the movie, it is Senator Cooley who voted "nay" on the nomination). with the vacancy, would Cooley have been automatically elevated to the chair of the Senate, and hence, would his vote have counted? if not, then the vote would have been 47-46 and Leffingwell would have been confirmed.

anybody have a thought on this one? if I had been Veep, I would have announced the death, called for the pro tem to take the chair who would have probably have called for adjounment. the Senate could then on reconvening could have entertained a motion on behalf of the new President to withdraw the nomination and then select his own Secretary - in the book, Harley Hudson selected Orrin Knox as his Secretary of State.

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To your first question, yes - until he's sworn in as President, he can still exercise his duties as Vice-President. He's acting President immediately upon the death - but acting is different than formally so - and so he still retains his VP duties - presumably for just a few hours. (LBJ was famously sworn in on the plane upon JFK's assassination).

The second question is obviated by the answer to the first - but it also rests upon a faulty premise - Senators don't lose their vote by presiding over the Senate - the Senate president pro tempore always votes. It's only the VP who can only vote in the Senate in the event of a tie.

So assuming the answer to the first question were different - and the VP office WERE vacant - as Senate president pro tempore, Cooley would have voted, tying the Leffingwell nomination - and in cases of a tie, the motion is NOT carried. The burden is on whoever makes the motion (or submits the bill) to get a majority of the votes cast.

But why would you have done anything differently than Harley in the movie? You get Knox anyway whether you vote no on Leffingwell - or if Cooley declares a recess.

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agreed it probably was the correct thing to do - basically just curious as to whether it was constitutionally legal. i know in the real world things are often done that may not be strictly be legal. if i remember right on the day JFK was assassinated, the senate just simply stopped when it heard the news - there was no formal motion of adjournment. also, the way his corpse was taken out of Dallas back to Washington with an almost literal tug of war between the Secret Service and the Texas authorities since strictly by the law, his murder was a state crime, not a federal crime, at the time of the killing. since Oswald was going to be tried by the Texas authorities, JFK's remains legally should have remained in Dallas until released by them.

thanx for the reply!

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[deleted]

Actually, you wouldn't have gotten Knox anyway, as in the book. In the book, Knox was a member of the President's party; he had lost the nomination to him after yelling at Hudson, whom he thought was about to endorse the future President over Knox at the convention. Hudson wasn't, but Knox's verbal assault persuaded him to do just that. His eventual appointment as S.O.S. was something of a sop by the new President, plus he knew he could get Knox confirmed in a hurry.

But in the movie, Knox is a member of the opposition party (he sits on the minority side), and a minor figure in the film. Therefore, there would have been no "prior relationship" politically between Hudson and Knox, and, since Knox was clearly an opponent of the administration, no reason or chance that he'd be named Secretary of State.

I always felt the character of Knox was the one poorly drawn person in the novel. He frankly serves no crucial plot purpose (as is made clear by his virtual marginalization in the film, as well as his demotion to the minority party), and nothing of import to the events in the book revolves around him. Knox is basically excess baggage of no real relevance. Also, his frequent opposition to a President of his own party is unrealistic as presented in the novel, even given their rocky personal relationship. Politics doesn't work that way, at least between members of the same party. He was a much more believable character as a member of the minority party, as in the film.

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Obviously Drury didn’t see Knox the way you do. After Anderson’s suicide, he is the leading character in the book. As to members of the President’s Party being in opposition, although Drury tells us that Knox voted with the President 80% of the time. Sixty years ago there were both liberals and conservatives in both parties,

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Yes, obviously Drury didn't see it the way I do. But Knox works better in the novels than in the film. As I said in my post six years ago, the very fact that in the film Knox is successfully relegated to a minor character of the opposite party, without doing violence to the plot or making any significant changes to it, proves that Knox as a central character is not at all necessary to the narrative.

But for the novels, especially as Drury planned and wrote many sequels, it was more useful to him to have Knox around for the greater plot and character demands and the complexities required by the books. Even so, Knox to me is the least convincing major character in the novel. He just seems dragged in by the heels for no truly irreplaceable or critical purpose. Just my opinion.

Sadly, it's true that the parties were more diverse ideologically fifty or sixty years ago than they are today. The political system was much healthier with such diversity. But though Drury doesn't identify party affiliations it's very obvious that the President and his party were the Democrats and the opposition the Republicans. In the book Knox was if I recall a Senator from Illinois. But he was far more conservative than any actual Democratic Senator from Illinois would have been. Had he been a southern or western Senator his loud if infrequent opposition to the administration would have been much more credible. This is another reason why in the film he works much better as a member of the opposition party.

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In the book Knox was if I recall a Senator from Illinois. But he was far more conservative than any actual Democratic Senator from Illinois would have been. Had he been a southern or western Senator his loud if infrequent opposition to the administration would have been much more credible.


Conversely, Van Ackerman the Far Left extremist of book and movie, is from Wyoming which it has to be admitted would not have elected one of that temperament even then.

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Yes, I've often thought of that and that's also not very convincing. Wyoming elected New Deal Democrats but an ultra-liberal like Van Ackerman isn't convincing from that state, at any time in its history.

I gather making Van Ackerman from Wyoming was Drury's allusion to the tragedy involving the late Senator from that state, Lester C. Hunt, a moderate Democrat. Hunt's son was gay and had been arrested for "immoral" conduct in D.C. in late 1953. Normally the police would hush such meaningless stuff up but two extreme right-wing (and genuinely immoral) Republican senators, Styles Bridges of NH and the corrupt Herman E. Welker of Idaho, heard of the arrest and blackmailed Hunt into not running in 1954 or they'd make his son's arrest -- and the fact that he was gay -- public. An anguished Hunt finally succumbed to these two slimebags but not surprisingly they then reneged on their word and released the news anyway. This in turn led to Hunt's shooting himself in his Senate office (à la Brig Anderson) in vain hopes this would deflect attention from his son.

But people's immoral acts come back to haunt them, and what goes around comes around. The GOP briefly got Hunt's Senate seat by appointment but lost it in the November election. Welker was soundly beaten for a second term in 1956 and died less than a year later at 49. The scummy and unpleasant Bridges died in office suddenly in 1961 at just 63, and despite the best mud-slinging efforts of his widow, who thought she deserved the seat, she failed to get appointed to it or get the GOP nomination for it either in 1962 or 1966, and a Democrat won the seat in '62. Irony of ironies all around.

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"To your first question, yes - until he's sworn in as President, he can still exercise his duties as Vice-President. He's acting President immediately upon the death - but acting is different than formally so - and so he still retains his VP duties - presumably for just a few hours. (LBJ was famously sworn in on the plane upon JFK's assassination)."


Actually, the vice-president is "sworn in" on the same day the President is inagurated and the constitutional powers pass immediately upon the death or removal of a President. There is no such thing as an "acting" President. The taking of the oath of office at such times is merely ceremonial. When Johnson delayed Air Force Ones' return to Washington so that he could be sworn in by his favorite Texas judge it was all for show - and the Attorney general - Robert F. Kennedy - was furious.

With regards to the scene in Advise And Consent the moment the VP received the note he must have realized his power to break a tie in the Senate had ended because he was now the President.

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mtmv wrote: "With regards to the scene in Advise And Consent the moment the VP received the note he must have realized his power to break a tie in the Senate had ended because he was now the President."

No, he realized he had the power to name his own Secretary of State. And so did everyone else in the chamber, regardless of how they voted on the confirmation.

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"With regards to the scene in Advise And Consent the moment the VP received the note he must have realized his power to break a tie in the Senate had ended because he was now the President."

And Harley "declines" to break the tie, realizing that he is no longer Vice President, and therefore the Constitutional question of whether he has the power would only arise if he did cast the deciding vote.

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The Kennedys were ALWAYS furious with Johnson. They were Harvard men and he was...a TEXAN! lol

The nation very much appreciated the scene which illustrated the definitive passing of power and a grieving widow supporting rather than fighting the new regime. Any time a President dies in office there is a chance of chaos and catastrophic damage to the nation. The public wants to be reassured that everything is proceeding as it should. Coolidge took the oath from his father the notary, and again later in Washington. Apparently there was controversy on exactly what DID need to be done, legally. If the experts are conflicted, imagine how the public feels! And certainly, more oaths of office don't hurt anything. :) We could even call it a vow renewal ceremony.

Osama Bin Laden was quoted as gleefully saying that Americans thought there was a coup, on 9-11. As I understand the broadcasts and conversations around me, Americans first thought it was an accident and then an attack from our enemies abroad. And the reason for that has been our very effective system for a transfer of power and our electing people who, for all their flaws, care a great deal about living up to the standards set by those who went before them, and about their historical place among those who will come after them.

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You got to get off the kool-aid, and stop making generalizations that are a figment of your imagination.

Frankly, you disgust me.

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Bananas,what on earth are you talking about? I suppose that what disgust ME are posters who don't make clear what it is in the prior post they they feel is necessary to villify. In your case: "kool-aid"? "generalizations"? "figment of [his] imagination"? "Disgust"? Where'd all that come from in the prior post?
Did you reply to the wrong post, by any chance?

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"The Kennedys were ALWAYS furious with Johnson. They were Harvard men and he was...a TEXAN! lol"

Joking aside, their differences were over more substantial issues than that. LBJ was a major exponent of the old FDR programme, which JFK was very much against.


Where's your crew?
On the 3rd planet.
There IS no 3rd planet!
Don't you think I know that?

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Saying that Vice President Johnson's taking the presidential oath of office was "all for show" seems to be overstating it somewhat. Frankly, I don't know whether the courts have settled the question of whether such oath-taking is a legal requirement in that situation (like it is for the original presidential oath)--probably it's not, but who wants to find out?--but I AM pretty sure that when a vice-president replaces a president in mid-term he always HAS taken the presidential oath, so I'd be surprised if the Attorney General was particularly surprised by that. And I wouldn't see why he would object to its being done as soon as possible to eliminate any possible legal objections--real or fanciful--to whatever actions the new president might need to take in the meantime, especially since there were some fears at the time that the assassination might be part of a wider plot. (I can vouch personally for the existence of such fears at the time. I still remember my own initial reaction--as a high schooler--to the news of the assassination: that since it had taken place in Johnson's own home state maybe HE was part of a plot of some kind carried out by local friends. Nonsense--but such moments and times breed many such thoughts.)

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Under the Constitution, anyone assuming the office of President is, indeed, required to take the presidential oath of office. This is not a question for the courts; it's specifically dictated by the Constitution. It is a legal requirement.

The only time this was an issue was when John Tyler became the first VP to succeed a dead president (William Henry Harrison) in 1841. The Constitution's wording about the VP's status in such a situation was unclear; it merely says that in such a case, the Vice President "shall act as President." Most modern scholars believe that the founding fathers' intent was that the VP would in fact only "act" as President, not become President in his own right. But Tyler insisted not only on assuming the office in full, but on taking the presidential oath, believing the oath he'd taken for Vice President a month earlier was insufficient. (The VP takes the same, interminable, catch-all oath that all other federal officials, including members of the Senate and House, take, whereas the presidential oath is unique.) Though some people had their doubts or resented Tyler, a few months later Congress unanimously passed a resolution recognizing Tyler as President in full name and title. Since then, every Vice President who succeeded to the presidency in mid-term has taken the presidential oath and assumed the full powers of the office, and without controversy.

The 25th Amendment, ratified in 1967, has put even this theoretical issue to rest. Under its terms, the VP now specifically "shall become President" -- not "act as" or anything else ambiguous. Though this merely confirmed and formalized what had been the accepted practice, it makes clear that anyone who is to serve as President must take the presidential oath, regardless of the time or circumstances. You cannot serve as President unless you take that specific oath of office.

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A few quibbles:
1. Strictly speaking, prior to the 25th Amendment, the Constitution did not say anyone "assuming" (your term) the office of president shall take the oath; it said that "The President" shall take the oath. That, of course, brings us right back to the question already posed here, whether a vice-president upon the death of the president actually BECAME president (and thus presumably had to take the oath, as I did say in my prior post) or merely acted exercising the powers of the president; the wording at the time was that the powers and duties "shall devolve on" the vice president. As you note, this was a source of some controversy. However, it did not directly address the question of whether the vice president, in preparing to perform those "devolved-on" duties, should take a new oath, or whether his power to act would in any way be hampered by failing to take it.
2. Congressional resolutions such as the one you cite do not, of course, have the status of Acts of Congress (nor do they even bind future congresses), let alone act as amendments to the Constitution--although they can sometimes assist the courts in the courts' determination of the proper meaning of the Constitution, if such an issue reaches the courts.
3. The 25th Amendment, of course, had no application to the 1963 situation we were discussing (let alone the earlier one for "Advise and Consent"), since it did not become part of the Constitution until 1967.

Thus, I believe I was not wrong in suggesting that the oath question was one for the courts, at least as of the time periods we were discussing. If it had not been, we probably would not have needed the particular portion of the 25th Amendment that says the vice-president shall "become" president, which I agree should settle for future successions the question of whether the (former) vice-president is to take the presidential oath (though perhaps not the question of what happens before he actually takes it--which might have come up if Lyndon Johnson had delayed taking the oath before flying back to Washington, in the scenario mentioned by one of the other posters). On this, Article II still says that "the President" shall take the oath "[b]efore he enters on the Execution of his Office".

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To quibble back a bit:

1. As you say, the Constitution has always required that "the President" take the presidential oath of office. In the cases of Vice Presidents who succeeded to the presidency, there was indeed a question as to (I) whether the VP became President or merely had the powers devolve upon him, and (II) the applicability of the VP's oath of office as it pertains to him exercising the powers of the presidency should he succeed to the office in mid-term. Both these issues were vague and it was left to Tyler to insist that he take the oath of office and exercise his duties as President, not merely as acting President or the Vice President with "devolved" powers, thereby seting a precedent which was ultimately accepted as the norm for presidential succession. You're correct that the relevant language did not address the issue of which oath was applicable, which is precisely my original point as well. It was John Tyler who, by his actions, established the working principle of taking the presidential oath and assuming the office with full title, whatever the Constitution's uncertain language. I don't see any dispute here between what we've each said.

2. I never claimed that the action of Congress in 1841 in passing the resolution recognizing Tyler as the full President had the force of law. What it did do was put to rest the question of presidential rights, oath and succession as a matter of precedent. No one ever challenged a VP's right to succeed in name as well as powers to the presidency, or his having to take the oath for that office, again.

3. Again, I did not claim that the 25th Amendment had any bearing on the situation following JFK's assassination four years before it was ratified: obviously it couldn't have, since it did not exist. I pointed it out solely for historical purposes. However, it's worth noting that the impetus for the 25th was Kennedy's murder, and the resulting vacancy in the vice presidency for fourteen months, until Hubert Humphrey was sworn in in 1965. LBJ was deeply concerned about this glaring gap in the succession -- and worried that, as he had had a severe heart attack in 1955, the next in line for the presidency in that interim period were the Speaker of the House, John McCormack, then in his 70s, followed by the President Pro Tem of the Senate, Carl Hayden, then in his mid-80s. (Even Seab Cooley was younger!) Hence the amendment, which not only formalized the matter of the presidential oath and status of a succeeding VP, but also provided for an appointed VP in the event of a vacancy in that office.

But I disagree that the oath question -- or the issue of the Vice President's status after succeeding to the presidency -- was really one for the courts, up until 1967. Or let's put it this way: these were legal questions that could have properly been dealt with in the courts, but which, for political and historical reasons, were never truly candidates for such resolution. Technically, one could have made an issue of them in court, since no specific law on these aspects existed (or at least none that was clear and unambiguous). But the fact is that both questions were generally deemed to have been settled in 1841 and as it was all a matter of interpretation of somewhat vague language, the courts would almost certainly have affirmed what had become standard practice -- probably by refusing to hear any such case, thereby killing the issue quickly. It's interesting that no one chose to litigate either issue in 1841 or soon thereafter, when it might have really mattered.

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There's probably not much left we specifically disagree on here, but we do have somewhat different opinions about what is a matter for the courts, which are probably based on shades of differences as to what really constitutes a precedent--or, to be more precise, how binding a supposed precedent is, in what way, and on whom.

To me, a non-legally-binding precedent--which I think we agree was the only kind this one was until 1967--is only as good as those who are required to enforce it (or not to enforce it) think it is. One person's "precedent" is another person's "bad practice that should be scrapped" and sometimes is. If a president tries to set a precedent by, say, firing a special prosecutor he'd appointed to investigate his office's actions, or otherwise behave improperly, some may treat it as a precedent--but others may not so recognize it and may try to reverse or overrule it--sometimes requiring the help of the courts to do so, or sometimes just applying political pressure. Maybe this kind should be called a "moral precedent" (or, in some cases, an "immoral" one), rather than a legal one.

In the case of the oath-taking vice-presidents-assuming-the-duties-of-presidents, I doubt very many people would say that the practice had to be followed thenceforth just because one John Tyler did it in 1841. (By the way, I've got nothing too much against Tyler--in fact, I visited his grave in Richmond a few years ago--except maybe for his becoming a Confederate collaborator at the end of his life.) All it would have taken would have been one vice-president--or one heavily influenced by party bosses who wanted someone else running the show, or whatever--to say, "I'll do it a different way and NOT take the oath--or at least not till I get back to Washington"--and then if something consequential happened in the meantime the matter MIGHT have had to be resolved either by the courts or in some other manner than mere reference to political precedents. In this case, it didn't happen (as you point out). But it might have.

For example, right now we're hearing some threats by certain people in certain industries regulated by certain federal agencies to sue over rules or regulations promulgated by regulators who received recess appointments from President Obama that the opposition party claims were illegal. I don't know how the courts will rule on that if it ever does get to them, but I am pretty sure they won't just say, "Well, he set a precedent (and maybe so did some other president before him), so we have to follow it." Courts no longer consider themselves so hamstrung, if they ever did. On the oath-taking, I suppose that if Johnson had signed something important on the plane before taking the oath, and someone sued over it, it probably would be the courts who would eventually tell us whether it was legal or not.

I agree that the 25th Amendment was largely precipitated by the Kennedy assassination, and of course it did more than merely state that the vice-president "becomes" president. But the framers of the Amendment wouldn't have made that particular wording change if they didn't perceive a need for it that was not satisfied by informal precedent. They wanted, among other things, to make sure that that issue--and the oath-taking question along with it--would never wind up in court.

Anyway, thanks for an interesting discussion! A sidelight, since we've spoken of the 1840's: There are some people--I'm certainly not among them--who claim that David Rice Atchison, who had been president pro tem of the Senate--was President of the United States for one day on, Sunday, March 4, 1849 (hey, it even says so on his grave!). Why? Because the president-elect and vice-president-elect--following the quaint custom of the time--didn't want to be sworn in on a Sunday, and Atchison was allegedly next in line (or not, which is another question). Apparently some people even took it seriously at the time and afterwards. I'm mentioning this episode mostly for fun, and not to prove anything, but it does at least suggest that different people, even after 1841, took different views of electoral and oath-taking precedents. Fascinating subject!

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Yes, the more we've discussed this, the less our alleged differences appear to even exist.

I take your point in your very well-reasoned post above, and as I said earlier, I can see that the matter of oath and status as regards a Veep succeeding to the presidency might have been better dealt with by a formal (in this case, Supreme Court) decision that would have settled the matter -- probably. Even court decisions aren't always sacrosanct or permanent, and as you know the courts have frequently reversed themselves over time. Although it would have been highly unlikely, someone might, many years later, have sued over a presidential succession even had the court ruled -- say, in 1841 -- that Tyler had the right to take the oath and serve as President in full title and power. Plainly, the only way to put this matter to rest once and for all was via a legislative solution: in this case, the 25th Amendment, whose authors did indeed consciously seek to eliminate the ambiguity in the Constitution's original language (which wording persists to this day, having never been repealed, only "clarified") over the nature of a Vice President's rights, duties and responsibilities in the event of a mid-term succession (as well as in other matters, such as appointing a new VP, and how often a succeeding President may run for the office in his or her own right).

It struck me that a problem with such a succession might well have arisen in 1868, had the Congress actually removed Andrew Johnson from office. In that case, the successor would have been Senator Ben Wade of Ohio (for reasons I've never understood: why not the Secretary of State, William Seward, who should have been Lincoln's second VP anyway?). Anyway, Wade, something of a party hack, would have been under the thumb of his congressional allies, and might have found his powers and authority curtailed, if not formally eviscerated, given the circumstances of his accession to the office. This in turn might have complicated the situation for future mid-term successions, even though Wade's would have been somewhat sui generis.

Your point about John Tyler's later career is well taken. Strange that no one makes anything out of the fact that a former President of the United States commited treason by siding with an armed rebellion against the lawful government of the country. Instead, his election to the Confederate Congress is treated as some quaint career anecdote.

Funny you mention David Rice Atchison, as he had crossed my mind too. He's also known as "the President who slept through his administration" because he was so tuckered out by a heavy workload in the closing hours of the old Congress that he took home to bed and stayed there until Monday the 5th! But I agree, he was not the nation's 12th President. For one thing, he never took the oath -- which basically settles the issue right there. His status as next-in-line is also, as you say, debatable anyway. But he did leave his mark in history -- and in musicals. It was he who, in his later career as a railroad magnate, left us his name as part of the Atchison, Topeka and Santa Fe Railroad, whose tongue-tripping moniker served as the title for the Oscar-winning song from The Harvey Girls in 1946. Or, so it's said.

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You know, for some reason I’d never thought about the question you raise, about the presidential succession in the event Andrew Johnson had been convicted on the impeachment articles. (Of course, at the time of his impeachment another election was coming up--in which he wasn't a candidate--and his term didn't have very long to run, but that's no excuse.) As to why the successor would have been Wade (Senate president pro tempore, I take it?) rather that Seward--without having done any research on it I'm assuming that that's simply what the succession statute in effect at the time provided. As you know, Article II said that Congress could provide by law for who would follow if both the President and Vice President were out of the picture. Apparently the statute in effect in 1849 had specified the president pro tem.. of the Senate (which Atchison was) and then the Secretary of State, etc., and perhaps that law hadn't changed between then and 1868; I don't know. What's surprising to me (again, without having researched it) is that the Speaker of the House was not ahead of the Pres. pro tem. in the succession--or even right behind him. I know that at some point they decided that they didn't want someone like Tyler, Fillmore, or Johnson to be able to appoint his own successor (and no doubt Congress also preferred having one of their own go ahead of the cabinet members in the succession), so then they named the Speaker, president pro tem., then Sec'y. of State, etc. I don't know when that change was made, but to judge from the Atchison situation and from what you've told me about the Johnson situation, the president pro tem. was already ahead of the cabinet, although the Speaker was nowhere in sight, so to speak.

I don't think the 25th Amendment directly addresses this, e.g., where the both the President and (former) V.P. die before a new V.P. can be appointed. I assume the then-existing statutory succession would still be in effect now, but don't quote me on that. Today, of course, the Senate president pro tem. is a largely ceremonial position based on seniority within the majority party, and I'm a bit ashamed to say that I don't even know who it is right now. But I'd be rather alarmed at the thought of an 85-year old guy who might just be serving out his last Senate term becoming President of the United States, even for a short period. (Strom Thurmond a few years ago, maybe?) Maybe he could be persuaded to renounce the honor, but who wants to take that chance with him?

A couple other historical sidelights: Maybe to get an idea of the 1868 Congress's thinking, I should go to Thaddeus Stevens' grave just a few miles from my home and commune with his spirit or something. (You may know that in 1868 he was a radical Republican congressman who introduced the impeachment resolution--and who died later that year himself, after it passed.). There are some streets, schools, etc., named after him here--not specifically because of his impeachment stance, I hasten to add. Also buried here is the very James Buchanan who in 1849 was still secretary of state and thus apparently would have been in line to be president if Taylor, Fillmore, Atchison et al. hadn't been up to it. (In fact, I attended an elementary school named for him.) Of course, he got his chance a few years later anyway, for better or worse.

I’m also glad we’re pretty much on the same side on the Tyler/Confederacy matter. This is just speculation on my part, but maybe he wouldn’t have been given the relatively free pass you describe if he hadn’t died by early 1862; possibly if he’d continued to play a significant role in the Confederacy, attitudes toward him (in the North, at least) would have been different. I have read that at least for a while in 1860 he had been trying to argue the Virginians out of secession, but once the ball really got rolling he seems to have been all for it and served in the Confederate legislature as you mention.

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Well, when writing about Atchison it hit me that of course he and Wade occupied the same office, so clearly the extant law provided that the president pro tem succeed as second in line. Yet at some point this was changed -- I just don't know when. I do know that in the late summer of 1916 Woodrow Wilson was concerned about what would happen if he lost the election to Charles Evans Hughes, with a world war raging and American entry becoming ever more likely. Wilson fretted about the four-month period between the election (Nov. 7, if I have it figured right) and the inauguration March 4. Apparently he considered the idea of appointing Hughes Secretary of State, then having both him (Wilson) and VP Marshall resign, so that Hughes could take office early and allow some continuity in American policy re the world crisis. But of course Wilson won, making the matter moot. I doubt very much he'd have resigned anyway.

Lincoln was concerned about the same problem in 1864, but he never considered resiging before the end of his term if he had been defeated by McClellan. But he worried that, as McClellan was running on a peace-at-any-price platform at great variance with Lincoln's, the four-month delay would make Lincoln's job impossible. Luckily that never happened either.

I thought about whether Buchanan might have succeeded Polk (if Atchison wasn't an issue) in 1849 -- I suppose he would have, as his term as an appointed S of S, like all Cabinet officers, didn't automatically end on March 4. But as you say, he had to wait eight years to get his chance to almost wreck the country.

You're right, the 25th doesn't specify what happens if both the P and VP die basically simultaneously, but it probably doesn't need to. In that case, the Speaker would assume the office. It was Truman who, in 1947, changed the law to have the Speaker and PPT intercede in the succession, but that was a mistake. I think he did it because after the 1946 GOP midterm sweep, Senator Fulbright of Arkansas suggested that Truman appoint Republican Sen. Arthur Vandenburg of Michigan S of S, then resign so that Vandenburg would succeed to the presidency. Truman rejected the idea and called Fulbright "Half-bright", but that may have been the impetus behind his executive order changing the succession a few months later.

Right now of course John Boehner is second in line, after Biden. (Or will it be Ryan soon? Or, for that matter, Eric Cantor as #2?!) The PPT of the Senate is Daniel K. Inouye of Hawaii, elected in 1962 -- the same year Advise & Consent came out -- but he isn't 85. He's 88, more or less in possession of his full faculties, and, if he makes it to January 3, only the second senator to serve 50 years in the Senate (after Robert C. Byrd). The most senior Republican in the next Congress will be Orrin Hatch of Utah, who is I think 74, so if the Republicans take over the Senate he'll be the PPT.

Two quick notes: first, in fact Andrew Johnson was a candidate for the Democratic nomination in 1868. The convention was held a few months after his trial. He actually placed second on the first ballot, but ultimately slipped. Interestingly, after his acquittal his popularity throughout the country rose somewhat, so I guess the impeachment had a cathartic effect for many people.

Second, you're quite correct, Tyler did try to keep VA from seceding, but when they went he went along. But he never quite served in the Confederate Congress. He was elected but died before taking office. I think you're right that he might be regarded more negatively in this respect had he lived and actively served as a member of a Congress of traitors. But I suspect that assessment would have awaited the late 20th century. Closer to the time, he would have been regarded as just another southern "gentleman" of principle, and no harm done.

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Thanks for the correction regarding Andrew Johnson having been a candidate for (re)election in 1868; my recollection must have failed me on that one, and I hadn't bothered to double check (though I guess in a very limited sense I was right, in that he didn't wind up the candidate of either party--but of course that was after the period we were discussing). Also, for clarifying that John Tyler didn't live long enough to actually serve in the Confederate congress, after having been elected. (Interesting parallels: Johnson was elected to the Senate near the end of his life but I understand he also died before actually serving. And Edwin Stanton, the man whose firing or attempted firing by Johnson precipitated Johnson's impeachment, was later appointed to the Supreme Court by Grant but also died before serving. Life was certainly precarious in those days.)

But are you sure about one other thing in your post? Again, I haven't done the research, but how could Truman have changed the presidential succession by executive order? (Of course, I'm not talking just about hiring and firing his cabinet members who might be somewhere in the line of succession--and even such hirings involve Senate confirmation.) As I mentioned last time, Article II gives that authority to Congress, not to the President (except for his usual power to sign or veto bills passed by Congress), so I don't see how he could have such authority unless Congress voluntarily gave it to him in one of the succession statutes they passed--and it's hard for me to believe they'd cede that power voluntarily to any president, even one from their own party. (I wonder whether it might even be illegal, as some kind of violation of separation of powers.) Is that really what happened? I would also be extremely surprised if Truman would even have particularly wanted to have the two congressional leaders precede his cabinet members in the succession--considering that in 1947 they would have been Republicans, as he was dealing with a rather hostile Republican Congress that had come into power in the 1946 elections. To my mind (again, not having done the research), that would make it more likely that the desire to change the succession in 1947 to include these Republican Congressional leaders came from Congress rather than from Truman (though in that case I guess he still must have signed the bill or had a veto of it overridden).

Thanks for identifying the current Senate president pro tem. Even after all these years, my main thought of Inouye is as a member of the Senate Watergate Committee in 1974. He's certainly seen a lot of history.

I've also heard that story about Wilson's proposed maneuver involving appointing Hughes secretary of state. Ironically, Hughes did eventually become secretary of state--under Wilson's successor.

Back to Johnson's abortive 1868 candidacy for a moment: Interesting, though I guess not too surprising, that it was the Democratic nomination that he apparently sought, as you describe. Of course, he had been a Democrat before being named the Republican Lincoln's running mate in 1864 (another interesting parallel with Tyler, who had been a Democrat for much of his career until a few years before running with the Whig Harrison in 1840). And of course his disputes with Stanton and the radical Republicans who pushed his impeachment wouldn't have hurt him much in the eyes of the Democrats. But I guess that wasn't enough to get him the nomination. Maybe some of the Democrats were still sore at him for helping defeat their candidates in 1864. Just a guess.

By the way, I presume that the Tenure of Office Act, the controversial statute in Johnson's impeachment, was repealed at some point? Otherwise, I suppose there might still be some question as to whether a president could fire certain cabinet members. (You indicate in your discussion with another poster that he presently can.) Of course, nowadays presidents never purport to fire cabinet members, because in today's PR-obsessed world that would look like admitting a mistake in having appointed them in the first place; they always get them to resign "voluntarily". So we may never have to deal with the legal issues again!

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Hello, zoerpit. I think I neglected to reply to you back in November 2012 because we were busy coping with the aftermath of Hurricane Sandy, but, well, almost two years late and back on this site, here's a few responses.

First, you're right, it was my mistake: Truman didn't (and couldn't have) changed the law of presidential succession by executive order. He asked Congress to amend it in 1947, restoring the Speaker and President Pro Tem to the line of succession ahead of the Cabinet. They passed the law and it stands that way today. That law had in fact been in force since 1792 but with changes. Initially it provided for the Senate President Pro Tem to be in line after the VP, followed by the Speaker. It was changed in 1886 to eliminate both offices and restore the succession directly to the Cabinet. It was this law that Truman and Congress changed in 1947, except reversing the older order by making the Speaker first in line, then the PPT of the Senate.

I agree, it is odd that Truman would have pushed for such a change when the Republicans held Congress, but then he held Congress as an institution in high esteem and also thought it improper to have a President able to appoint someone (a Cabinet officer) to stand so close in line of succession. I think the current law is disastrous and probably unconstitutional (interposing a member of the legislative branch into the line of succession within the executive branch) and it's badly and ambiguously written to boot, but there it is, for now.

But as to Andrew Johnson, he was not a candidate for re-election in 1868. He had never been elected President, hence could not be running for reelection to the job -- simply "election". Also, while he was on the ticket with Lincoln in 1864 he was never a Republican; keeping his nominal party affiliation was the reason the GOP wanted him on what they temporarily renamed the Union Party. This was unlike John Tyler, who actually did become a Whig, though by the end of his presidency he had been virtually read out of the party and was in a sort of political limbo.

And yes, the Tenure of Office Act no longer exists. Actually, it was never repealed. It remained on the books for nearly sixty years, but was ignored and never enforced after Johnson. It was finally ruled unconstitutional by the Supreme Court in 1926.

Oh, in one of my fall 2012 posts I noted that Hawaii's Daniel Inouye, President Por Tem of the Senate at the time (Oct.-Nov. 2012) would serve 50 years in the Senate if he made it until Jan. 3, 2013. Of course, that didn't happen -- unfortunately. Sen. Inouye died on Dec. 17, 2012, just 17 days before he would have become only the second senator (after Robert Byrd) in American history to have reached 50 years in the Senate. So close, but it doesn't count. He did, however, serve over 50 years in Congress -- House and Senate. But I don't know when if ever we'll get another shot at a 50-year senator. In the House, Rep. John Dingell is retiring this year (2014). He was first elected in a special election to succeed his father in December, 1955. If he stays in office until the close of his term on Jan. 3, 2015, he'll have fallen just 11 months shy of having served 60 years in the House. I don't think we'll see anything like that again either. But having succeeded his father, he'll almost certainly be succeeded by his wife, who's the Democratic nominee for the seat, a safe Democratic one.

Hope you're well -- and still on IMDb!

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In the House, Rep. John Dingell is retiring this year (2014). He was first elected in a special election to succeed his father in December, 1955. If he stays in office until the close of his term on Jan. 3, 2015, he'll have fallen just 11 months shy of having served 60 years in the House


I have a 1955 episode of "I've Got A Secret" where he appears with the secret "I'm the youngest member of Congress." To put that in further context, he appeared on that show *before* the last living witness to Abraham Lincoln's murder also appeared on the show.

The fact that *anyone*, Democrat or Republican could then serve that long is the finest argument for term limits I know of.

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Like a lot of well-meant "reforms", term limits is one of the most destructive ideas ever put forth to solve what is actually a non-existent problem. Some reasons:

1. Term limits are indiscriminate. They toss out the good with the bad. This inevitably leads to bad government.

2. They are anti-democratic. We live in a democracy. People should be able to vote for whomever they wish without some artificial prohibition subverting the public's will.

3. Term limits are in fact unnecessary. The current average length of service in the House is a fraction under 10 years. Normal turnover -- from death, retirement, running for other office, resignation, etc. -- has already for many years effectively acted as term limits in every essential. Limits on congressional chairmanships has also served to reduce the possibility of abuse of power or position, as well as the lure of staying on in office in perpetuity.

4. The notion of term-limit advocates that this would somehow lead to a Congress of honest citizens doing their bit of good for country for a few years before happily returning to the farm or blacksmith's is quaint in a 1780s sense but not only ridiculous on its face but disproved in its limited application so far. In fact, it would lead to an increase in Congress of ideologues and self-promoters, narrow and insular people with little exposure to the wider world, who know nothing of making government work and are interested only in either advancing their own limited agendas or their own post-congressional careers, or both. It would lead to an explosion of one-issue candidates or people buying their way into office in an effort to profit from "public service". It guarantees the triumph of ignorance and opportunism. If you get elected to the House and know from the outset you have at most six (even 12) years to stay there, many if not most members would spend most of their time promoting their own interests with an eye to using House service as a stepping-stone to self-advancement or -enrichment. People who worry about the present congressional dysfunction would regard these as the sane old days once a Congress of random, ungoverned zealots, ignoramuses and profiteers takes over.

5. Most of the people who support term limits for office holders also hold a rose-colored and perfectly idiotic view about the benevolence of big business and private industry. This is the old and thoroughly counter-factual belief embodied by Saint Reagan's declaration that "Government isn't the solution; government is the problem." Sorry, but the world isn't that black and white, and certainly not that simplistic. Government is no more inherently "the problem" than it is "the solution". The fact is that government is a necessary, indeed indispensable, adjunct of any civil, and civilized, society. This doesn't mean it is always right, that it always works well, that it cannot do stupid or even dangerous things. But we the people have it in our power to remedy such situations...or keep them going, if that's our decision. The key is to fix government when it needs fixing, manage it well, make it work -- not moronically, and inaccurately, demagogically label it "the problem". Term limits are by their nature inimical to making government work. You cannot have a bunch of ignorant amateurs -- even if well-meaning, which many if not most would not be -- with no knowledge of the country or the world or how government functions running that government. Would these same people who cartoonishly damn all government be content if major corporations fired all their employees every six years and brought in brand new people with no knowledge or experience but with a lot of goofy ideas? Would you want your house built by such people, your car manufactured by that type of employee, hospitals staffed by new and inexperienced people every few years? Would you want to lose your job every six years simply because you had held it for some arbitrary amount of time? Yet these people, out of zealotry and unthinking ignorance, are blind to the fact that government, like any institution, requires learning, continuity, knowledge, skilled management, a retention of institutional memory and understanding, to keep things running, to make sure newcomers are educated in the basics of government, of what it can and cannot do, of how to operate it and make it function, how to make policy decisions and learning about and working with others of different backgrounds and beliefs. Government in itself is not an enemy or a problem. If it becomes such, it's because of the people running it. Mitt Romney said "Corporations are people", but regardless of the truth of that statement government surely is people -- because unlike corporations, it's the people who vote it in, who run for it, who have the ability to shape it. None of these things applies to private enterprise. Nobody outside a company elects corporate leaders, and they're certainly not answerable to the public. Corporations can and routinely do lie and cheat and steal and cover up and the public at large has no recourse. This is entirely unlike government, where the public does have its voice heard. We have it in our power to throw out bad legislators or vote for a change in policies. And even without a limit on the number of terms, each term of office is by definition limited: a term in office is for a fixed period of two or four or six years, something that certainly doesn't exist in the corporate world. Imperfect? Surely. But why would anyone so cavalierly advocate crippling something that touches every single person in America -- indeed, in our case, the world -- by turning it over to untutored, incompetent or selfish temps? Again, I ask -- is that how you'd run a business? Would you be satisfied with the output of a company run under such rules? Then why would anyone blithely accept such a half-witted approach to the most crucial thing of all?

And by the way, as President, Reagan several times called for the repeal of the 22nd Amendment to the Constitution that limits presidents to two terms. (And he never supported congressional term limits.) I believe he was right, but later term-limits advocates thoughtfully ignored their otherwise-faultless idol's apostasy on this issue.

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What's interesting about the term-limits movement in this country is how hypocritical most of its supposed champions have been. Back in 1994, when term-limits mania was at its height, in your state of Washington, Eric, George Nethercutt ran against Speaker Tom Foley in CD5 as a single-issue candidate, criticizing Foley for having served 30 years in office -- something Foley could not have done without the acquiescence of the people of the district, a minor fact that is usually conveniently forgotten. Nethercutt swore up and down the district that under no circumstances would he serve more than three terms -- six years. He won, and repeated this promise in 1996 and 1998. But, like magic, when 2000 rolled around, suddenly term-limits poster boy Nethercutt announced that three terms weren't enough, and ran for a fourth. And despite his being exposed as a liar, hypocrite and fraud, the people of the 5th reelected him -- as they did and should have had the right to do. And reelect him in 2002. Not until 2004, when term-limits George decided to take his crusade to the Senate, was he finally defeated and, four years late, sent into the retirement he had so earnestly advocated a decade before.

Yet Nethercutt was right about one thing, as were all the other term-limits advocates who reneged on their pledges: that "six years is not enough". He and they had grown up and realized that running the government of the United States of America is not something that can be done with a perpetual turnover of its officeholders every two years. It requires experienced people who have learned how to govern and have the knowledge and grasp of public affairs to do so.

Very few of the people who've campaigned on term limits have actually limited themselves. When the time comes most have found some excuse not to fulfill their campaign promise. (Tom Coburn of Oklahoma was one of those very few Representatives who lived up to his promise when he retired from the House after three terms in 2000.) The nature of term-limit supporters was often laughable. Strom Thurmond, who served over 47 years in the Senate and finally retired at age 100, claimed to support term limits even as he kept running for reelection. Newt Gingrich pulled the wool over a lot of people's eyes in his so-called "Contract With America" in '94. He inserted a clause that many people thought promised that the Republicans would enact term limits. What it actually said, of course, was that they would only bring term limits to a vote -- not that they'd actually pass them. The GOP did bring it up for a vote -- and rejected it. Gingrich himself, always untrustworthy, refused to categorically say whether he was for or against term limits (though he privately worked against them) but did state he thought they should be 12 years in the House, that they not be retroactive, and that another 12 in the Senate would be permissible. Had Gingrich's limits been ratified and inserted into the Constitution by, say, 1998, Newt would have been free to run until 2012 or perhaps 2014, then gone on to two terms in the Senate, which would have meant this term-limits advocate would have ended up serving nearly half a century on the Hill.

There really are very few members of Congress who serve 30 or 40, let alone 50 or 60, years anymore. One way or another, most people move on after a time, and to serve that long you really have to get elected very young. This and the unchallengeable turnover statistics have made the concept of term limits a (bad) solution to a non-existent problem. Nevertheless, if the people of Dingell's district in Michigan wish to elect him for almost sixty years, why should they be denied this opportunity? The people of South Carolina kept sending the racist, non-legislating Thurmond to office until he'd lived for a century. Personally I think their choice was a mistake, but they shouldn't have been denied the right to vote for whom they wanted, particularly for completely arbitrary and dangerous reasons. If the good citizens of Nebraska want to send an inept imbecile like Carl Curtis to Congress for forty years (16 House, 24 Senate), that should be their right.

The key to insuring responsible rather than meat-ax turnover, that people have a chance to exercise the franchise in a meaningful way, and most importantly, that government is run by people with knowledge, training and understanding of how it works, is not to subvert democracy through an ill-considered "reform". (God save us from reformers!) What's crucial are essentially two things:

First, eliminate gerrymandering and instead have all congressional districts drawn by impartial, independent bodies, to maximize competitiveness. Obviously there will always be some districts that are effectively one-party or heavily favor one party, but this is inevitable. The key is to maximize the number of genuinely competitive districts to make turnover more possible. This would also help insure that better candidates, more professional and committed people truly dedicated to their constituents and good government, run and get elected to Congress.

Second, take the free flow of money out of politics. Do away with this nonsensical concept that "money equals free speech" and level the financial playing field. There are several ways in which this matter can be dealt with, alone or in combination. Public financing so that both major candidates have the same amount of money; limits on donations and spending; free access to the airwaves for a certain amount of time -- all are examples, and there are others. Most other democracies have some such restrictions on money in politics and most seem to have fair elections.

Whatever the specifics, what is needed is to make districts, access to money and elections themselves fairer, more competitive and even-handed. No system works perfectly and there will always be some issues to be resolved. But the one sure way not to "reform" the system is by opening the floodgates to dangerous, greedy and stupid people to hold high office and wreak havoc on this country -- not just for their six years, but for the interminable number of six-year boobs who will continually be elected to govern this flawed but sacred nation.

Re Advise & Consent.... In both the book and movie it's said that Seab Cooley had served over 40 years in the Senate. Yet when the book was written and the film made, no one had in fact ever served four decades in the Senate. The interesting thing is that, at some point in the six-year Senate term that began the year the film was made (1962), i.e., January 3, 1963 - January 3, 1969, all seven men who would eventually serve 40 or more years in the Senate served simultaneously, at least for a time. In order of length of service:

Robert C. Byrd (D-WV), 1959-2010
Daniel K. Inouye (D-HI), 1963-2012
Strom Thrumond (D to 1964, R from 1964-SC) 1954-1956, 1956-2003
Edward M. Kennedy (D-MA), 1963-2009
Carl T. Hayden (D-AZ), 1927-1969
John C. Stennis (D-MS), 1947-1989
Ted Stevens (R-AK), 1968-2009

The first six served a full six years together. Stevens just made it into the term by a couple of weeks, following his appointment in mid-December 1968. I don't want to credit Drury with yet more debatable "prescience", but he did project a senator serving longer than any other had, and one from South Carolina to boot. But in the 50s picking a southerner was the most logical choice for a 40-year-man, even though it was Arizona's Hayden who first crossed the 40-year barrier, in 1967. (And, counting his 15 years as Arizona's first Representative from 1912-1927, nearly 57 years on Capitol Hill, a record broken only by Robert Byrd and John Dingell...which is where we came in.)

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On term limits, I'll agree that six years is too short. What I would prefer is no more than 18 years in the Senate, three terms and 20 years tops in the House. I simply believe that the longer one serves, regardless of which party it is, that you will in the end grow entirely distant from your roots and the list of professional politicians who make Washington, D.C. their homes and maintain only a non-existent place in their home state they never live in as their "legal" residence are ultimately an out-of-touch group of people that the Framers didn't have in mind for citizen participation (especially since they were in an age when a Congressional session was mandated for only part of the year to accommodate travel).

You cannot have a bunch of ignorant amateurs -- even if well-meaning, which many if not most would not be -- with no knowledge of the country or the world or how government functions running that government.


The problem, Hob, is that I've seen far too many ignorant amateurs with no knowledge of the country who keep getting re-elected! Nancy Pelosi, who was entrusted with being two heartbeats away from the Presidency (a very chilling thought) is not enough of a Parliamentarian about the body she once headed to know that you do not go up to a speaker on the floor and wag your finger at him and interrupt him when he's legitimately making his speech. That's the mark of a prima donna who doesn't think the rules apply to her. And we have also seen an Administration that isn't very bright when it comes to its legal advisors on the separation of powers when they make illegal recess appointments that don't even pass the smell test with any of the liberals on the Supreme Court. If anything, the problem I've seen is that we have far too many people in Washington who aren't getting any training whatsoever in the Constitutional process of how a Republic form of government is supposed to work and who think that constitutional barriers to their concept of "reform" are a nuisance to be cast aside.

The one thing I will say about term limits is that I do agree it has to come about in the proscribed manner, and not by exploiting some loophole to mandate it improperly which is how I've seen far too many things imposed on our society by fiat rather than by democratic vote or proper Constitutional process. When that is accomplished it will be because the people's will spoke on the matter, just as it did on the 22nd Amendment.

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Catching up a month late....

I simply believe that the longer one serves, regardless of which party it is, that you will in the end grow entirely distant from your roots and the list of professional politicians who make Washington, D.C. their homes and maintain only a non-existent place in their home state they never live in as their "legal" residence are ultimately an out-of-touch group of people that the Framers didn't have in mind for citizen participation


I agree this is a problem, but that doesn't mean that term limits is the answer. The key, as I said in my very long post before, is to level the playing field so that challengers have equal access to money and media and as fair a chance to make their case and win as an incumbent. The scenario you speak of is actually playing out this year in the Kansas Senate election. The Republican incumbent Pat Roberts has not had a home in the state for many years and votes from a supporter's house in which he claims residence. This has been the chief criticism leveled at him both in the primary (which he won against divided and unqualified opposition with only 48% of the vote) and now in the general election, where as of this date he's trailing his Independent opponent. Many senators and congressmen have been subject to attacks on the same issue over the years and many have been voted out of office in consequence. So the system can work, even in its current very imperfect way, without the "reform" of term limits.

The actions you ascribe to Nancy Pelosi don't make her "unqualified", just obnoxious. (You may be pleased or interested to know that I cannot stand her and think her elevation to the Democratic leadership was a huge mistake.) Unqualified applies to genuinely stupid, inexperienced and incompetent people such as perhaps a third of the current GOP caucus in the House. Steve Stockman? Blake Farenthold? Paul Broun? Dozens more from Indiana, Idaho, Pennsylvania, Georgia, Colorado, Kansas, South Carolina and on and on. Across the country most of the Tea Party candidates who got in in 2010, plus some kindred spirits of different origins, are inept and staggeringly ignorant of public events or the nature of the world. They know nothing of others' experiences and most prefer to remain cocooned among their own kind. Several members have admitted this: they're not interested in talking to or getting to know people from other backgrounds. Too many of the current House base is dangerously stupid and bigoted. This is not about ideology: there are many competent, thoughtful, able conservatives in office too. Unfortunately these have been cowed by the radical extremists who dominate the party and have to tread carefully for fear of primary challenges. Just ask Eric Cantor.

This is the one great difference between you and me, Eric. I dislike and want no part of a number of Democrats and liberals who for whatever reason I believe are unqualified or personally repugnant to me, even if I agree with much of what they say, and have criticized them accordingly. You have never to my knowledge seriously criticized or questioned any Republican's qualifications, abilities or beliefs. You sincerely seem to believe that any conservative Republican is by definition the better (if very occasionally perhaps not the "best") choice, even (per our old Louisiana 1991 gubernatorial discussion) a KKK member over a financially corrupt Democrat. You have never uttered one word of unalloyed criticism of any Republican for their lack of qualifications, their ignorance, or their inappropriate actions or statements. You attack Pelosi for wagging a finger at someone but have always approved of or at least excused Joe Wilson's yelling "You lie!" at the President of the United States during the State of the Union address. If a Democrat had done that to Bush or Reagan you would have risen up in indignity demanding their censure. As would I -- another difference between us. But no Democrat ever did such a thing.

I hold public office, perhaps naively, as a public trust. I don't want crooks, ideologues, ignoramuses, demagogues, profiteers or people with personal or political agendas in office. Of course, you will always get some of these. The key to one's honesty of purpose is in how one reacts to such transgressors regardless of party. It's easy to attack a Maxine Walters; I don't see you attacking an Alan West. You're a very bright, well-read person. How can you in conscience defend some of the people of staggering ignorance and demagoguery in your party? Are you proud of them? Are the ranks of conservatism so impoverished that such people are the best you can do? And I won't even go into the racism exhibited by some members of Congress and many other Republicans across the nation, such as the GOP town official in New Hampshire who recently called Obama a "n----r".

Until and unless you're willing to fully, forthrightly and unreservedly renounce some of the worst exemplars of your own party, your attacks on Democrats ring hollow. And "unreservedly" does not mean dragging in some extraneous Democrat for criticism to divert or soften the blow. It means standing up and saying "This Republican is a disgrace" without qualifications or irrelevant comparisons. I'm truly sorry, and disappointed, you're not capable of that. It betrays your intellect and the sense of right I would have thought you of all people would have been imbued with.

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Hob, I really have no desire to argue. I'd have to go into a lengthy discourse on why I reject 100% your characterization of movements and people I support as "racist and bigoted" and that's something I'd just rather not do (not because I can't, but because it wouldn't be productive for either of us to then have a lengthy volley on that that might fray our nerves too much). At some point I'd then be bringing up matters that outrage me completely like the IRS and Eric Holder and Harry Reid etc. and you would respond etc. and to me that's not a positive volley like I felt our Marshall exchange a couple years ago was. From this point on I'm going to make an effort to only talk political differences when they concern something historical in nature and not current events. I think that way we'll both benefit ultimately.

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Eric, I don't wish to argue with you either, because I regard you as a decent, kind and generous person and I like and respect you.

Unfortunately your reply has only proven my great disappointment: that you cannot, do not and will not acknowledge or even concede the possibility that some of the people with whom you might agree ideologically are unfit, bigoted, stupid, crooked, whatever. You "reject 100% [my] characterization of movements and people [you] support". This is an absolutist -- and absurdist -- statement. You are saying you can personally vouch for each and every Tea Partier, TP or just plain conservative politician and other ideological figures and can state categorically that not a single one is a racist, an anti-Semite, dishonest, demagogic or just plain ignorant, and that none engages in uncivil or disgraceful public behavior. Not one. Not one out of hundreds of thousands or perhaps millions. You know this 100%. And in the face of anything to the contrary, you simply change the subject -- or the target.

I gave you a perfect opportunity to do no more than rebuke a Congressman who displayed shocking behavior in public toward the President before assembled dignitaries from around the world and before a nationwide audience during the State of the Union. Yet you cannot find it in yourself to do so. As I said, had a liberal Democrat done that to Reagan you would have been demanding his censure if not expulsion from the House. But a Republican doing it to Obama? Silence. (Except from his fellow conservatives, who in the days after his un-censured outburst sent him over $2,000,000 in donations from all sorts of un-racist, un-bigoted, un-stupid people in the ranks of the un-Democrats.)

But of course you raise Eric Holder, Harry Reid and various other right-wing bugaboos. Proving my point once more.

You have no qualms about criticizing those you don't agree with, even over minor or irrelevant matters. But given your professions of faith I would also expect you to be truthful, and to disassociate yourself from racist, wicked or dishonest people who bear false witness, hate, or lie, no matter what their ideology. As I said, this is disappointing, both in your refusal to acknowledge truth and to apply the same principles equally to all regardless of their ideology.

But my regard for you remains.

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Hob, I'm sorry but I have my reasons for rejecting your characterization in which you are painting a very broad brush on a movement I happen to support that goes beyond whether *any* person in the movement has expressed outrageous remarks. If I chose to offer my reasons in defense, I'd like to think it would have been part of a dialogue of understanding but because I sense too much that neither of us would remain on our best behavior if we had that discussion, it's best for us to just not have it.

To just carry that point a little further, I could take the fact that you use the term "bugaboo" in regard to Reid and Holder, to pose some questions to you in the way you've posed them to me but I don't want to have that kind of discussion with you. It would disrespect the kindness you've shown to me in other places and in other discussions and represent trying to pick a fight for the sake of it, and while I'm the first to admit I've succumbed to that temptation many times over the years in Internet forums with other people (I'm sure you've seen some of my comments elsewhere in imdb when I'm letting loose with other people) I shouldn't do something like that with you. If we talk about something like politics from the 80s and before, its easier for me to feel like an academic having a more detached discussion and if we have any discussions about those matters, I think we'll both show the better angels of our nature in the process.

That's really all I have to say about this. The best to you.

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Hi, Hobnob; great to talk to you again. I hope you were finally able to deal reasonably well with the Sandy consequences you mention.

Thanks for the various clarifications.

I'll have to check out the 1926 Supreme Court decision you mention, holding the Tenure of Office Act unconstitutional. The Act may never have been enforced after Andrew Johnson‘s time as you say, but I'm guessing someone tried to enforce it, or there would have been no occasion for the Court to deal with it. Interestingly, the Chief Justice at that time was William Howard Taft, a former president himself.

Yes, it is sort of a shame that Sen. Inouye didn't quite make it to 50 years in the Senate (and died so coincidentally to our discussion of just a month earlier), though I'm sure no one will hold it much against him in the grand scheme of things. But of course, that puts me right back where I started--I still don't know who the president pro tem. now is (and have so far been too lazy to find out, like most Americans)! And I suppose his identity is not an entirely academic matter, at least in the minds of some. If certain House Republicans had their way, the current President would be impeached--and if he were to be convicted (unlikely in the extreme, at least considering the present Senate's makeup), they'd have to deal for a while with President Biden (a prospect many of them apparently haven't thought much about). But since he's not exactly young, in that somewhat farfetched scenario if he were to die before a new vice president were confirmed--and that would also be something to get through this House!--we would have to deal with the various horrors you mention about congressional figures succeeding to the presidency (or "acting" as president, or whatever). I suppose Boehner would be next, unless something happened to him. (Now, in the latter scenario, what if a new speaker were elected by the House majority in the meantime? Would he get in ahead of the Senate president pro tem.? What a mess.)

You raise an interesting question about the possibility that the current statute may be unconstitutional in interposing the Speaker and PPT in the line of succession. I'm not sure what to think about that, pro or con. But in my present somewhat-limited state of knowledge I can't say I'm confident the courts would agree with you. As you’re aware, Article II directs Congress to specify which "Officer" should follow the vice president in the succession. Now, would congressmen and senators--or, at least, speakers and presidents pro tem.--be properly considered "officers" for that purpose, or would the term be taken to refer only to executive-branch types of officers? Interesting question, and I don‘t know the answer. I suppose those who disagree with you--including, no doubt, many of the nation's Republicans just at present--would argue that the constitutional provision doesn't specifically exclude members of the legislative branch from inclusion in the succession, as it perhaps could have done. I'll have to research that a bit when I have time. . .

Anyway, it’s always great to have these discussions with you. (Wonder if anyone else actually reads them?)

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Hi, zoerpit, and I return your salutations and the pleasure of talking once again.

You know, it's hard to realize, but since the death of Robert Byrd in 2010 there are no senators left from the 1950s (in fact, Byrd was actually the last person who was a member of the Senate in the 50s to die, so it's fitting that unlike the rest he was actually still in office), and more pointedly, since Inouye's passing there are no more serving senators who were there in the 1960s (though a few people who served in the Senate in the 60s, like Bob Dole, are still alive). But there are hardly any senators left even from the 1970s.

This means that the President Pro Tem -- the longest-serving member of the majority party -- is now Patrick J. Leahy of Vermont, who was elected in 1974. And soon he'll be the last Democrat left from the 70s. Since Max Baucus of Montana (elected 1978) resigned to become ambassador to China earlier this year, only one other 70s Democratic Senator, Carl Levin of Michigan (also elected in 1978) is still there -- and Levin's retiring this year. On the Republican side, only two 70s senators remain -- Orrin Hatch of Utah (1976) and Thad Cochran of Mississippi (1978). So Leahy is both the senior Democrat and the senior member of the Senate; Hatch would become President Pro Tem if the GOP wins the Senate this year. But at most we'll have only three senators from the seventies in office come January, 2015.

Interestingly, if Obama hadn't chosen Biden for VP, Biden would now be the longest-serving Senator in office and PPT of the Senate -- third in line for the presidency rather than first! He was first elected in 1972.

I'm sure the constitutionality of the present Presidential Succession Act would be a hot topic for debate, and I'd guess you're right: the Supreme Court, certainly this one but perhaps any one, would rule having the Speaker and PPT in the line of succession constitutional, if for no other reason that they wouldn't want to rock the boat. (Or they'd refuse to take up the issue, though it may not be avoidable.)

ADDENDUM: I just looked up the Tenure of Office Act, and found both some new stuff and a few things I'd forgotten. The Act was passed in 1867 but repealed in 1887. The law the SC ruled unconstitutional in 1926 was a different statute pertaining to postmasters, but in its ruling the Court brought up the Tenure of Office Act and said it too was unconstitutional. I had once read that but had completely forgotten it. The act was also poorly written and there is some doubt Johnson actually violated it anyway in his particular circumstances, its constitutionality notwithstanding. And it was considered a dead letter after 1868 anyway. Here is the link to the full article in Wikipedia, which also describes the specifics of the law's language:

http://en.wikipedia.org/wiki/Tenure_of_Office_Act_%281867%29

END EDIT.

But I've wondered what would have happened had the 25th Amendment (requiring an appointed VP) never been ratified by the time Agnew resigned in 1973. That would have put Speaker Carl Albert of Oklahoma, a Democrat, in line to succeed Nixon. The desirability of having Albert in the Oval Office aside, Republicans would have been very wary of removing Nixon several months later if it meant elevating a Democrat to the presidency. What I've always assumed would have happened is that just before Nixon's resignation Albert would have stepped down as Speaker and the House -- which elects the Speaker by vote of the full body -- would have then voted for the Republican leader, Gerald R. Ford, to become Speaker, so he could succeed Nixon (and also briefly achieve his lifelong goal of becoming Speaker). Then, after Ford became President, the House would have had to vote for a new Speaker, certainly reinstating Carl Albert.

No, I don't know the circumstances under which the SC ruled the Tenure of Office Act unconstitutional. Someone would have had to have standing to bring a suit. But I'm almost certain no Congress ever attempted to enforce it after the failed attempt with Johnson. Edwin Stanton, the Cabinet officer whom Johnson tried to fire, and who literally barricaded himself in his office to prevent his removal, eventually gave up and left...though Johnson's choice to replace him, Ulysses S. Grant, soon turned down the office for political reasons, before the impeachment.

As for the mess you postulate about what might happen if Republicans impeach Obama...oh my God!! I expect they will win the Senate this year and if so the House may indeed pass articles of impeachment, once again showing Republicans' recklessness and disinterest in actually legislating. But you'd need 67 votes in the Senate to convict and remove Obama and at most there'll only be 51, 52 or so Republicans in the Senate -- certainly nowhere near 67, and a couple of Republicans would probably not vote to convict. So the whole thing would be pointless -- and boomerang in the Democrats' favor. As far as I'm concerned, let' em do it. But I doubt it'll happen.

Great to hear from you again.

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In the book, the vote was overwhelmingly against Leffingwell and so this was not an isuue, nor did the vote hang on Peter Lawford's character breaking the party-block vote.

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Right about the vote in the book. I never cared for the movie not showing how much outrage there was in the Senate after Brig's suicide. They were out for blood and the blood was Van Ackerman's, Leffingwell's and the President.

And the President died AFTER the vote was done and he knew he was beat!



Sam Tomaino

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But in the book the President was implicated in Van Ackerman's scheme to blackmail Anderson, which was not the case in the movie. Hence, the outrage among the senators in the book (which in part, though not entirely, had to do with suspicions about the President's involvement, though these remained suspicions more than a known fact) would naturally have been less visible in the film's version of events.

Remember also that Orrin Knox was a member of the President's party in the book, and a much more major figure in the novel than the basically incidental figure he is in the movie. In the book Knox only becomes Secretary of State because Hudson felt he wanted to mollify him, all stemming from Knox's mistaken view at the convention that Hudson was about to support the (future) President over Knox, which led to his verbal assault on Hudson, which in turn did indeed cause Hudson to endorse the man who became President. In the movie, Knox was a member of the other party (he sits on the minority side, not with the majority), so would never have become Secretary of State under Hudson, who would have had no reason to appoint him to that position -- as members of opposite parties, they would have had no prior political link at the convention, as in the book.

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It's funny but I never realized Orrin Knox in the movie was a member of the Minority Party (to use the book's designation), but, of course, he is sitting on the Minority side. Knox is such a major character in the book and its sequels, I did not even consider the possibility.

By the way, in the last book of the series. Orrin Know becomes President (in an election) and guess who he asks to be his Secretary of State?

Robert Leffingwell, whose views had gone thorough some political changes by then.



Sam Tomaino

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That's interesting, Sam. I never read any of the sequels, just the original novel. I have a friend who tried to reconstruct Drury's fake Senate using all the characters he named in his various books. I think he said he got up to 97 or 98 but never quite got a full 100!

If you think about it, if one of the original novel's four main characters (based on having "books" named for each of them) was going to be demoted in the movie, Knox is the obvious one. Cooley, Munson and Anderson are all unavoidably central characters to the plot. Knox is actually extraneous, as his minor appearance in the film -- and in the "wrong" party to boot -- proves. He could be easily disposed of.

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You're right. If they were going to demote anyone, it wouild be Knox.

When I first read A&C, I kept a list of the senators mentioned, their "party" and whether they were junior or senior. I did the same for the rest of the books, at least as far as Preserve and Protect. Some, of course, died, and that had to be kept track of. A re-read A&C a few years ago and found a website that listed all the Senate (as much as it could) with extensive notes.

I have also been lucky enough to find a nicely bound, special edition if Advise and Consent, in ebay, signed by Drury.



Sam Tomaino

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Here is a link to the site I mentioned. It seems to just reflect the Senate of Advise & Consent:

http://home.earthlink.net/~dbratman/drury.html



Sam Tomaino

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Thank you for the link! I'll check it out.

I know in the film Preminger asked Martin Luther King, Jr., to play a small role as a senator from Georgia. He wanted to show that the idea of a black senator from the South could be attained. Reportedly King was interested but ultimately decided it would detract from the importance of his work. Oddly, today there is at last a black senator from the South (Tim Scott of South Carolina, appointed by the Governor, but almost certain to be elected this fall), but in an irony I'm sure neither King nor Preminger could have foreseen, he's a far-right-wing Tea Partier who draws most of his votes from conservative whites and few from African-Americans, whose politics are much at variance with his own.

His dabbling in some futuristic story elements notwithstanding, Drury never even contemplated a black U.S. Senator.

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A&C, the book, shows the Senate as it was at the time, even having one woman Senator. A moderate Majority Party black congressman is introduced in A Shade of Difference. the next book, and becomes a major part of the cast. Of course, there were black Congressmen at the time.

Drury gets big prophetic points in his next book Capable of Honor for showing the Majority Party having a convention with major protest and rioting in the city over an unpopular war, a couple of years before 1968.


Sam Tomaino

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Right, he had a woman senator, although I don't remember where she was from in the book. In the movie she was from Kansas, which later on did have a woman senator, Nancy Landon Kassebaum, from 1979-1997. Betty White had a bit in the film playing that senator, who was a member of the minority.

In real life, the only female senator in the 50s was Margaret Chase Smith of Maine (1949-1973), except for the brief tenure of a woman named Hazel Abel, who was elected to serve out the remaining two months of a vacant seat in Nebraska in late 1954. Smith in fact won a third term in 1960 in the first-ever Senate race between two women, beating a Democrat named Lucia Cormier. That same year a second woman was elected to the Senate: Maureen Neuberger, an Oregon Democrat who won the seat of her late husband. What's interesting about these real-life women is that all of them won by trading on the names of more famous men in their families. Aside from Neuberger (who admittedly had been an elected official in her own right), Smith succeeded her husband in the House in 1940, and Kassebaum won only because of her famous maiden name, Landon, a politically pointed reminder that her father was the former Kansas governor and 1936 GOP presidential nominee, Alf Landon. Few women won completely on their own merits at that time.

It's interesting that Drury would only put one woman in the Senate, even though that reflected his time, since he was writing a book set slightly in the future (as the moon landing attests). Obviously in his subsequent works he moved with the times, on several levels it appears.

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Actually in the novel, Orrin Knox is very much a part of the majority party and in the stage version he is still very much a central figure. Ultimately, Harley Hudson picks him to be Secretary of State, and he over time becomes probably the most important character in the whole series (culminating with the last novel where he's President now)

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All true. But our focus is simply that, in terms of the characters in the original novel on which this film is based and the centrality of its plot, Knox was easily the most dispensable. His back story may have its interesting points (frankly I didn't see him as a credible character in the book nor a very interesting one), but for purposes of the film's plot he could readily be pushed to the sidelines (and even made a member of the minority) without harm -- in fact, I think he's much more credible as a character in the film than in the book.

Of course, maybe Drury had his eventual succession to the top in mind all along. Though I haven't read the successor novels, I did know Knox eventually achieved his goal of the presidency. Yippee!

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All true. But our focus is simply that, in terms of the characters in the original novel on which this film is based and the centrality of its plot, Knox was easily the most dispensable.


Not necessarily so. The stage version, as I noted, retained him as the central character and remained truer to the novel's tone regarding Leffingwell (renamed Huntington). What the film did was turn him into the character of Senator Hendershot of Indiana because his speech on the Senate floor blasting Leffingwell is verbatim what Hendershot does in the novel. And amusingly, when they take the roll call at the climax they have so downplayed Knox as a character that they overlook his name in the roll call!

Other characters critical to the novel whose absence was more easily understandable in the film were the likes of Senator Fry of West Virginia (who gets a big role in the first sequel "A Shade Of Difference" before dying of cancer at the climax) and Supreme Court Justice Tommy Davis who in the novel is the one who finds the damning stuff about Anderson in his office and then passes it on to Van Ackerman.

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I haven't fully read any of the books--just portions--but I gather Drury actually wrote the final two as alternate sequels to his previous one. I.e., in one he had Knox become president and in the other he had someone else become president at the same point instead, with different results following. I think at the end of one--I won't say which one, to avoid being too much of a spoiler--the U.S. gets taken over by the Soviets.

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Quite true. And in the one you're thinking of, the one who is now ultimately in charge at the end is none other than Van Ackerman who has deviously manipulated his way into becoming PPT and benefited from the fact that when the takeover happens, the weak-willed President and his Vice-President have both committed suicide and the Speaker of the House is a blithering idiot who he knows will be no trouble pushing aside.

One popular novel that had the PPT becoming President was Irving Wallace's "The Man" in which the first black President, Douglas Dillman, had been PPT and then suddenly an accident kills the President and Speaker (the collapse of a building they're visiting in Europe) and the VP is an invalid too ill to take the job. Ironically when they made "The Man" into a TV-movie in 1972 with James Earl Jones, playing the part of the invalid VP who refuses the job is none other than Lew Ayres!

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Like The Killers (1964), The Man was intended to be a made-for-TV movie but the studio decided to release it theatrically instead. So it ended up a real movie, not an MTV one. I read on the film's site that years later James Earl Jones said he was upset when he learned of the studio's decision, because he felt that had it been made as an actual film to begin with, they would have devoted more time and resources to it and it would have been a better picture.

I thought The Man started well but slid downhill into a rather predictable and turgid morass.

As for Drury's continuing chain of events, sounds like his vaunted prescience eluded him more and more as time went on. A Soviet Amerika brought about by a traitorous President Van Ackerman? Oy vey. The movies and TV shows that dealt with the scenario of a Communist-conquered United States were usually interesting though often stupid, but frankly old Allen seems to have been losing his grip by that time.

However, since we're spotlighting Lew Ayres here, as far as I know he's the only actor to star as the leading man opposite both Mrs. Reagans: Jane Wyman in Johnny Belinda (1948) and Nancy Davis in Donovan's Brain (1953).

Alas, poor Lew. As always, just a heartbeat away....

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No, not brought about by Van Ackerman but rather the end result of the horrible presidency of the overly naïve Governor of California become President who easily turned a blind eye to the real dangers of the world and Van Ackerman is simply more than willing to exploit the situation to his advantage just like he has all along. But I'll be the first to acknowledge that it's not as good as Drury's other novels in the series or his last two political novels "The Hill Of Summer" and "The Roads Of Earth" which capture a good deal about the early 80s in good fashion much as "Capable of Honor" and "Preserve And Protect" did for the late 60s.

OTOH, in the alternate universe novel where Knox becomes President, Van Ackerman meets a quite different and more appropriate fate.

I've not read the original novel version of "The Man" but it has the best unreleased Jerry Goldsmith score I know of and some solid performances.

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I think the problem with having a long string of sequels to any original work -- a film, book, whatever -- is that as time goes on the sequels either become stale or increasingly ludicrous and detached from reality, to the point of losing their level of enjoyability. At least that's usually been my experience.

In my view, the novel "Advise & Consent" was so good, and basically grounded in a plausible scenario, that the sequels seemed to me not only unnecessary but almost inevitably to lose their way as they became farther and farther strung out from the original. My best friend, who works in the political realm, has read all Drury's books in the chain and while he found elements of them interesting he too believed that they really got away from the qualities that made "A&C" so good. He enjoyed them well enough in a narrow way but found them unsatisfying as they became ever more divorced from credibility.

My sense of this very factor is why I've never been interested in reading Drury's subsequent books.

However, I'm glad to hear that in one alternate reality Van Ackerman gets his just desserts. But you see, given what happens to him in the original, stretching his career onto alternate paths in different books -- which in itself is an artistic ploy I dislike -- that see him continuing his career and in one scenario succeeding to the White House, is just too ridiculous in the scheme of things for me to really enjoy the successor novels. Just a matter of personal preferences.

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Whatever may have been the case in the book, in the movie the President died DURING the vote, not after it, and at a point in the vote when the result was still in doubt. So it would not be correct to say that he died when "he knew he was beat." In the movie, anyway.

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This is all moot. The Secretary of State serves at the pleasure of the President. Protocol would be for all cabinet members to submit their resignations to the new president and he would accept or decline as he/she felt appropriate.

I would think the VP would call for order, make the announcement of the president's death and then call for a motion to suspend the vote since the question is moot.

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I don't agree that protocol is for all Cabinet members to submit their resignations in the event of a succession. This hasn't happened since the 19th century, when Zachary Taylor's Cabinet resigned en masse the day after his death. Millard Fillmore asked them to stay on for a week, which they agreed to do. But that was a matter of principle, not some technical protocol, for that Cabinet, whose members did not like or agree with Fillmore's policies. There was no mass resignation, for protocol or anything else, by the cabinets of Lincoln, Garfield, McKinley, Harding, Roosevelt, Kennedy and Nixon when they were succeeded by their VPs.

As far as the movie goes, the appointment of Leffingwell, and the roll call on his nomination, were certainly not moot. The appointment had been made legitimately and there is no provision that, because an issue (appointment or legislation) put before Congress by a President is still pending when that President dies, for this reason it all goes away. In this case, the nomination had been made and was still awaiting resolution. It was entirely independent of the President's death or whatever decision the new President might make. A nomination or piece of legislation only becomes moot if the term of the Congress expires before it is acted upon (or, obviously, if it's withdrawn).

In fact, the VP wouldn't have had the authority to withdraw Leffingwell's nomination before actually taking the oath, so while the roll call might have been suspended, that would have had to be by action of the senators. The VP (or a President) cannot make a motion in the Senate; he can only ask senators if they have a motion. But even if Leffingwell had been confirmed, the new President could (and surely would) have asked him to decline the office. Had Leffingwell refused and taken the oath, the President could have simply fired him immediately after he was sworn in as Secretary.

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I don't know about cabinet members, but I do recall reading some years back that for a time Nixon required all his White House staffers to sign undated resignation letters that the boss could implement whenever in the future he might feel like it.

As to cabinet members, I'm guessing that the 19th-century Tenure of Office Act is no longer in effect, so that at least a president would no longer be impeached (as Andrew Johnson was) for firing a cabinet member.

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The Tenure of Office Act stayed on the books but was ignored after 1868, and the Supreme Court formally ruled it unconstitutional in 1926.

I don't think Nixon kept resignations on hand, as he did have to fire some people, but the day after his reelection in 1972 he met with all the members of his administration, thanked them for their help in his victory, then left...at which point H. R. Haldeman stepped forward to ask for the resignations of everyone in the room -- from Cabinet secretaries to office secretaries! Those in attendance were stunned at their treatment, after working so hard for Nixon. The intent was to allow Nixon, Haldeman and Ehrlichman to pick and choose who they wanted to keep and who they wanted to ax, with a maximum of ingratitude and nastiness.

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Sounds like them.

Reminds me of a somewhat similar incident that occurred just a year or two later. The (corrupt) district attorney of Allegheny County, Pennsylvania (including Pittsburgh), Bob Duggan, successfully ran for reelection, enlisting the support of his assistants--and apparently macing them for financial campaign contributions as part of it. On the day of the election, before the votes had even been counted, several of these same maced assistants were handed letters saying approximately, "As of today, your services for the office of District Attorney are no longer required. Very truly yours, Robert W. Duggan."

In the end, however, justice was served to an extent, though too late to help the fired assistants. Around this time, Duggan came under federal investigation for corruption (maybe the maced assistants furnished some of the info?), and was then indicted at the initiative of the office of the United States Attorney for the district, Richard Thornburgh (later renamed Dick when he started running for political office himself). Apparently word must have leaked out, because I believe it was on the same day the charges were announced--or the next--that Duggan was found dead in a field, having shot himself. I still remember the newspaper photo of Thornburgh, previously unaware, arriving at his office gaping at the news he'd just been told by reporters.

And, as we all know, Nixon et al. got their come-uppances as well, though not quite so melodramatically.

As my recently-deceased brother used to say, "Time wounds all heels." A lot of them, anyway.

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Concerning the various discussions about when the VP or whomever becomes President I'd like to comment:

1) Guidance as to when a new President becomes President the transition on January 21st is instructive. On the January 21st following the November Presidential election, the departing President ceases to have the Presidential authority at 11:59:59 A.M., the incoming President assumes Presidential authority precisely at Noon, Eastern Standard Time. Taking the oath of office is a Constitutional formality but the incoming President already has the authority before he utters a single word of the oath. In prior centuries this issue was not particularly relevant but in today's world vital.

2) Consequently, following (1) above, the V.P. or whomever is next in succession, becomes President immediately upon the death of the President. Exercising the oath formalizes the transition of power but does not dictate the moment of transfer of power.

3) A principal issue raised with President Kennedy's death was that the original Constitutional succession sequence was the Vice President, then the Secretary of State. At the time of drafting the Constitution high offices were assumed to be occupied by recognized national leaders, no party had yet to be formed, so the Secretary of State was assumed to be a well recognized and respected national leader. Discussion following President Kennedy's assassination focused on the obvious fact that while the V.P had been elected to that office through a nationwide election, the Secretary of State is an appointed position by the President, with the Advice and Consent of the Senate. It was believed that all reasonably successors to the Presidency should have been elected through a vote of the people rather than appointed. Consequently the succession was changed from Secretary of State to Speaker of the House as the holder of that office is not only elected by the voters in his or her Congressional District but subsequently by all the Congressmen, who collectively represent the entire nation. While in practice the Speaker of the House is elected by the majority party, all the Congressmen present formally vote, conferring legitimacy. Additionally, the House of Representatives is the successor organization to the Continental Congress and the Speaker of the House the successor position to the President of the Continental Congress.

4) Certainly there were discussions at the time the first V.P. succeeded the Presidency upon the death of the President but the new President resolved the question by taking the Presidential oath and functioning as President in his own right. The validity of that act was affirmed as right and proper by the Congress and the public at large as there has been little or no question, except by some Constitutional scholars, ever since.

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You make several errors in your post, harryrstevens. Taking your points in order:

1) The "transition" as you call it takes place at noon on January 20 -- not the 21st. This is a pretty basic fact, hard to get wrong. (You mention "EST" and while this is true in practice since Washington is in the Eastern time zone, nowhere does the Constitution actually state "Eastern time".) As to your larger point, there is much debate about when a President actually becomes President. The outgoing Chief Executive ceases to hold the office at noon on January 20, but taking the oath is hardly a mere "formality". Again, in practice a new President will be treated as such from noon on January 20 (or whenever he or she takes over if the sitting president dies or resigns), but many constitutional scholars argue that, even if in a practical sense it's little more than a technicality, the oath is what actually confers the position. Unfortunately, there is no specific wording in the Constitution that definitely states when a new President actually becomes President.

This is why historians do not regard David Rice Atchison as the 12th President of the United States, even though as acting President of the Senate the office technically devolved -- or could have devolved -- on him at noon on March 4, 1849 (the old inauguration date). President James K. Polk's administration ended at noon that day, but because it was a Sunday the incoming President, Zachary Taylor, refused on religious grounds to take the oath of office on the Sabbath. Taylor was not sworn in until midday Monday, March 5, and no one regards his term as having begun earlier than that. Since Atchison, a holdover officeholder, was next in line in succession he could theoretically have taken the oath and served as President of the United States for one day. However, exhausted from prolonged legislative battles, he stayed in bed through the entire day, literally sleeping through his "administration". Having not taken the oath, he did not become President.

2) Again, this is correct in practice, but not actually the language of the Constitution, and most scholars would demur, stating that the oath is indeed a vital step in actually exercising power. It would be nice to have this ambiguity cleared up in the manner you state (that the new President becomes President the moment the old one ceases to hold the office, regardless of the oath) but that is not how the law currently reads.

3) You are completely mistaken as to when the Presidential Succession Act (PSA), interposing the Speaker of the House and then the President Pro Tem of the Senate, was changed. It was not after the assassination of President Kennedy. That change was made in 1947 under President Truman, and it was at least the third such revision of this statute in the nation's history. In 1792 the law was written making the Senate President Pro Tempore the initial successor after the Vice President, the Speaker next, then the Cabinet officers. It was changed again in 1886, when both congressional offices were removed altogether from the line of succession and the Secretary of State came after the VP. Not until 1947, when Truman pushed for yet another revision to the law, were the Speaker and Senate President Pro Tem reinstated in the line of succession before the Cabinet (though in reverse order from the earlier law).

Truman believed that a President should not be allowed to appoint someone who would stand so close in line to succession (Secretary of State, then the other Cabinet secretaries in order). This was especially true when, as in 1947, there was no Vice President. Thus, he had the PSA changed to provide that the Speaker and then (something you don't mention) the President Pro Tem of the Senate succeed ahead of a Cabinet officer. This was done in part out of the belief that both those positions were elected ones, though in fact that argument is somewhat specious. The person who serves as Speaker is of course elected to the House but only by the voters of his own congressional district, and a Senate President Pro Tem is also only truly elected by the people of his own state. In fact, although all members of the House vote for Speaker, the vote is always divided along party lines (even though the outcome is always known beforehand), and the idea that this confers any "legitimacy" beyond the office of Speaker is debatable. Further, the President Pro Tem of the Senate is by custom the senior member of the majority party, which often means it's a person in his 70s, 80s, even 90s; unlike the Speakership it's not a post that requires at a minimum either skill or ability to attain -- just longevity.

Most constitutional and legal experts as well as many legislators regard the PSA in its current form as anything from a potential political and constitutional disaster-in-the-making (elevating an elderly figure to the White House, changing the party holding the presidency without benefit of election, etc.) to being outright unconstitutional, since interposing a member of the legislative branch onto the executive is almost certainly a violation of the Constitution's separation of powers. The law itself is badly written and ambiguous in much of its language. But these issues are for another discussion.

In any case, it was in fact this situation that caused President Johnson to push for the adoption of the 25th Amendment to the Constitution (ratified in 1967) that provided for the first time for the appointment of a Vice President in case of a vacancy in that office. This minimized the risk that either a Speaker or a President Pro Tem would succeed to the presidency. At the time Johnson succeeded JFK, the next in line for the presidency was House Speaker John McCormick of Massachusetts, who was in his seventies, followed by Senate President Carl Hayden of Arizona, who was 86. Johnson, who'd had a near-fatal heart attack eight years earlier, felt this was an unconscionable situation and this helped spur the Congress and the states to adopt the 25th amendment, wherein a VP is appointed subject to being confirmed by both the Senate and (uniquely) the House. None too soon: both the presidency and vice-presidency fell vacant during the 1973-1977 term.

Lastly, I don't know where you get the notion that the United States Congress is the "successor organization" to the Continental Congress, or that the Speaker is the "successor" to the President of the Continental Congress, or why this has any relevancy to any constitutional issues. There is absolutely no legal or constitutional link or connection between the modern offices and the presidency of an organization defunct for over 200 years. This is especially true as regards the Speaker aspect and the law of presidential succession. The one has no relevance to the other whatsoever.

4) The validity of John Tyler's succession as President in 1841 in name, and not merely as "Acting President", is indeed due entirely to Tyler's demand that he be administered the presidential oath. (It wasn't a question of Tyler's "resolving" the matter, since his taking the oath did no such thing, but his personal insistence, partly driven by ego, that he do so, which turned out to be a wise decision.) However, this contradicts your assertion that the oath is a mere formality. It is true that Tyler would have been able to "act" as President -- the original language of the Constitution -- but most lawmakers and probably most citizens (then and since) initially insisted that the original intent was that a VP in such a position would still be Vice President, merely "acting" as President. (Today this is generally regarded as having indeed been the Founders' intent.) This is why Tyler set such store upon formally taking the presidential oath, which was not provided for in the Constitution. Taking the oath affirmed not merely his right to "act' as President, but conferred the office itself upon him. Hence, the oath was far from a "formality" -- quite the contrary.

Although Tyler was administered the presidential oath it was months before Congress finally passed a resolution recognizing him as President in name as well as in fact. This set the custom for later such successions but again, this was a custom, not a procedure set forth in law. Once again, it was the 25th Amendment in 1967 that formalized this process by removing any ambiguity and stating squarely that the Vice President "shall become" President in the event of a vacancy in the latter office. (Emphasis of course added.) But it still leaves the question of precisely when he becomes President vague, a vagueness echoed by the same lack of specificity regarding the ordinary succession to the office.

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SPOILER WARNING ON THE SEQUELS!



Whew! Having just seen A&C (that sounds like Abbott & Costello!) again, I just read or re-read, this whole thread and I could not resist one more last point about the 25th Amendment.

When it was ratified, Drury had already published the first two sequels and, of course, President Harley Hudson had not appointed a Vice-President. The 4th novel picks up right after the third and Harley dies. The Speaker of the House becomes President.

So why did Harley NOT appoint a successor in a US that had the 25th Amendment. Drury merely says that Harley had chosen not to. That's not only irresponsible but absurd.

Still, Drury was stuck. He couldn't introduce a Veep that had not been around in the previous novel, so he came up with what was really a lame excuse.




Sam Tomaino

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That's interesting, Sam. I've never read any of the books in the series other than the original, though I know of many of the basic events that occur in some of the novels. But I didn't know the timing of Drury's book wherein Hudson doesn't appoint a VP -- I didn't even know that he didn't do so, or what his excuse for not doing so was.

Apart from such an action being irresponsible, I think it's also illegal. The 25th Amendment doesn't give the President the option of whether or not to appoint a VP: it's mandatory, though there is no time frame. Did Hudson refuse to name anyone or was he just dragging his feet? If the former Drury was not only absurd but factually wrong. But I agree, from a literary or plot point of view that is pretty lame -- cheap and unrealistic. He could just as easily have come up with a new character, or made an old one VP -- he was a novelist, after all, not an historian.

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You have to remember though that these novels flowed seamlessly one to the next with tight continuity and often picked up right where the other one left off after a matter of seconds. In the third novel, "Capable of Honor" which is about the bitter Convention clash, and the last one written before the Amendment (and published when it was enacted), a key plot point is the fact that peace-candidate Ted Jason and Secretary of State Orrin Knox are *contesting* the VP nomination with Harley running for a full term (Harley has chosen to make it an open competition to appease both factions). Then, Jason, under pressure from the militant anti-war people decides to go after the nomination himself with Harley prevailing and when Jason then insists on being the running mate, Harley snubs him and names Knox his VP and declares to the Convention he won't accept any other choice. The novel ends with Harley's plane about to land at Andrews AFB and the next novel, first one written after the Amendment begins seconds later with Air Force One crashing at Andrews with Harley killed. Logistically, there was no way Drury could possibly "retcon" the story-line to have a VP already in place because then you're negating the whole underlying plot of the previous novel. To blame Drury on this fact that he couldn't anticipate isn't just.

Something similar happened between the publication of the next to last novel "Come Nineveh, Come Tyre" and "The Promise of Joy" with the expulsion of Taiwan from the UN. In the UN sequence of "Come Nineveh" which shows the theoretical presidency of Ted Jason, Taiwan is still in the UN. For "The Promise of Joy", which shows Orrin Knox as President reacting to the same events, he changed this to have Peking now holding the UN seat so he did "stay current" when it didn't significantly impact the storyline but the 25th Amendment matter didn't allow for retconning.

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Right!

Drury was caught by history happening in the years those novels took to be written. Most stuff could be glossed over, but that one couldn't.

Section 2 of the 25th Amendment states:
"Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress."

That sure does sound mandatory.

Sam Tomaino

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Thanks for clarifying, everybody.

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